Opinion
No. 11-10002 D.C. No. 4:10-cr-50039-DCB
12-30-2011
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. FIDEL DIAZ-LEMUS, Defendant - Appellant.
NOT FOR PUBLICATION
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Appeal from the United States District Court
for the District of Arizona
David C. Bury, District Judge, Presiding
Submitted December 19, 2011
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).
--------
Before: GOODWIN, WALLACE, and McKEOWN, Circuit Judges.
Fidel Diaz-Lemus appeals from the 12-month sentence imposed following the revocation of his supervised release. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Diaz-Lemus contends that the district court failed to consider the 18 U.S.C. § 3553(a) factors in imposing the consecutive 12-month sentence, and that his sentence is substantively unreasonable. The district court did not procedurally err and Diaz-Lemus' within-Guidelines sentence is reasonable in light of the totality of the circumstances and the 18 U.S.C. § 3553(a) sentencing factors. See Gall v. United States, 552 U.S. 38, 51 (2007); U.S.S.G. § 7B1.3(a)(1), (f).
AFFIRMED.